Consequences of Revocation in Utrecht: Restoration and Compensation
In Utrecht, where the municipality strictly enforces violations in the city center and along the canals, a revoked decision abruptly terminates your rights. However, you can claim damages if the revocation is unlawful. Pursuant to article 8:88 Awb, you can appeal to the District Court Midden-Nederland to demand annulment, with possible retroactive effect. The Municipality of Utrecht must revoke the decision in a balanced manner (article 4:47 Awb), taking into account local interests such as the preservation of the UNESCO World Heritage site.
Financial and Legal Impact in Utrecht
Typical consequences for entrepreneurs in Utrecht are:
- Loss of income due to the shutdown of terraces along the Oudegracht
- Costs for adjustments to monumental buildings or restoration after enforcement
- Reputational damage for hospitality and retail in the city center
The Utrecht administrative court frequently handles cases regarding revocations in building violations or permits for events on the Neude.
Right to Compensation in Utrecht
If the decision is annulled, you can claim tort under article 6:162 BW at the subdistrict court in Utrecht. Prove causal connection and suffered damage, such as lost turnover during renovations. In cases of spatial planning, planning damage applies (article 6.1 Wro), relevant for projects near the station area. Consult a specialized lawyer in Utrecht for quantification, procedure, and local case law. Acting in time prevents limitation after five years. The municipality sometimes offers a counter for planning damage claims via utrecht.nl. (248 words)